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Here we write about developments in the Law.

Louise Taft
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As the dust settles on possibly the most surprising General Election result in living memory, we look at what this might mean for Employment law. Of course we don’t yet know the outcome of any deal the Conservatives might make with the DUP, but it...
Louise Taft
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Employment Tribunal claims have some of the shortest “limitation periods” of any civil action in the UK. This means that there is a very short time limit to bring a claim before the Tribunal. Delaying beyond that time limit means that a Claimant...
Louise Taft
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Since the  National Minimum Wage was enacted almost 20 years ago, there has been a great deal of litigation over whether workers who are able to sleep during shifts described as “on-call” or “sleep-in” shifts should be paid at...
Louise Taft
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Employees’ use of Social Media can cause problems outside as well as inside the workplace. Much as with any conduct outside of working hours, it is possible for employers to seek to reasonably regulate Social Media use to the extent necessary to be...
Louise Taft
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Employers cannot and should not ignore Social Media, which has been around long enough to pervade almost all aspects of society. Whilst the use of Social Media is still more popular in younger demographics, staff of all ages are likely to have some Social...
Louise Taft
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It has been difficult to escape press coverage of the decision of the EU Court of Justice that sacking a Belgian employee for refusing to remove her headscarf was not unlawful discrimination. G4S had a general policy that customer facing staff should not...
Louise Taft
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Whilst headlines about whistleblowing tend to focus on NHS workers exposing dangerous practices or steps taken to encourage those working in financial services to do more to highlight illegality, legislation protecting whistleblowers is wide enough to affect...
Louise Taft
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The Court of Appeal judgment on employment status in Pimlico Plumbers v Smith has received a great deal of publicity. Like other recent decisions regarding Uber drivers and CitySprint couriers, a company that created a business model based on using...
Louise Taft
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So you got the freelance gig and now they’ve given you a contract you don’t understand. What do you do? It’s well worth getting some specific advice on your contract before you sign. Almost anything is usually negotiable. Many small...
Shabab Hamid
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Many European Nationals will be worried about the potential impact of the exit of the United Kingdom from the European Union on their immigration status & associated rights in the United Kingdom. Some European Nationals may wish to obtain some form of...
Rebekah Gershuny
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Divorce can often be a time of intense feelings for parents, and parents can, quite understandably, lose sight of what is in the best interests of their children.  Co-parenting becomes very difficult, when parents’ emotions result in high levels...
Rebekah Gershuny
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The mediator initially sees the parties separately.  This gives them the opportunity to discuss their current situation and to ask any questions in complete confidence.  The mediator explains the process and how it works so that everyone has a...
Louise Taft
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In a perfect world, all of your employees are performing well and you might never need to think about performance management. But from time to time, performance of individual employees dips, which can have damaging consequences for the business. Problems can...
Rebekah Gershuny
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Every year, thousands of families are torn apart by bitter court battles. Relationships between separating parents are irretrievably broken, and all too often their children are caught up in the middle.  But it doesn't have to be that way. There...
Louise Taft
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The Employment Appeal Tribunal have recently confirmed that it is a breach of the Working Time Regulations if a worker is not able to take a 20 minute break, even if that worker never requests a break. The case is a useful reminder that there are many...
Louise Taft
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After a huge amount of publicity surrounding the decision of the Central London Employment Tribunal in the case brought against Uber, one might be forgiven for thinking it was a seminal case fundamentally changing the law as it applies to employment...
Lynton Orrett
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In  Burrows v General Pharmaceutical Council  the High Court has once again highlighted the importance of clients attending regulatory hearings.  A failure to do so, where an allegation is one involving dishonesty “...amounted...
Louise Taft
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Employment lawyers have been eagerly awaiting the decision of the Court of Appeal in the long running saga of Lock v British Gas, which is a decision about how to calculate holiday pay when an employee works fixed hours but receives variable pay due to...
Louise Taft
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Employees may raise concerns, problems or complaints from time to time. They may or may not term these complaints a “grievance”. Whether or not they do, having and following a Grievance Procedure will invariably help deal with the issue. It is...
Rebekah Gershuny
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Mediation is an option that offers you an affordable way to divorce.  Mediation is much cheaper than going to court.  If you go to court it is likely that you will have to pay the costs of solicitors to prepare your case, and to represent you at...
Louise Taft
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Tackling staff misconduct is difficult. Managers might be reluctant to have difficult conversations with employees who have overstepped the mark. However, failing to deal with situations head on can have consequences. Employees who are not warned about bad...
Louise Taft
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Long term or frequent absence can cause significant problems for businesses. Tackling absence head on is therefore important, but it is essential to tread carefully and follow a proper process in order to avoid leaving the organisation open to Tribunal...
Rebekah Gershuny
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Many couples go to court with no legal representation because of the cost and fear of losing control of the process. They have no idea about the divorce process or how to go about dividing their assets or how to deal with other complicated issues. The court...
Rebekah Gershuny
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You do not need to go to court to resolve issues with your divorce or separation. Mediation is a process that avoids the stress, delay and expense of going to court. Mediation reduces conflict and helps you communicate. When a relationship breaks down it is...
Louise Taft
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TUPE stands for the opaquely named Transfer of Undertakings (Protection of Employment) Regulations. Whilst the original Regulations were a virtual literal translation of EU law, in 2006 the Regulations were expanded to better fit outsourcing situations that...
Oluwole Osibona
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As a result of the recent Brexit vote many of our clients are checking what the implications are so far as their right to remain in the UK and/or becoming British Citizens is concerned. Whilst it is always difficult to predict the future we set out below the...
Louise Taft
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Nobody likes paperwork, least of all people attracted to start up culture. You’re meant to work in a lean, agile, fast paced environment dictated by your daily scrum, not one hamstrung by job descriptions and staff handbooks. Nevertheless, well...
Rebekah Gershuny
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Parents can help their children through the divorce process. One of the most important things is that children want to be told what is happening.  Once a decision has been made to separate, children should be informed.  It is a good idea for...
Louise Taft
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Almost 3 years following the enactment of legislation permitting “Protected Conversations”, we have what is thought to be the first decision of the Employment Appeal Tribunal on the subject. Indeed, it has been so long without commentary on the...
Louise Taft
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Unsurprisingly, given the impact of EU legislation on UK Employment law, workers’ rights formed a key part of both Leave and Remain campaigns: the former suggesting that UK business should be freed from the shackles of ‘red tape’ and left...
Andriana Syrimis
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The evidence for domestic violence that is required for an application for legal aid to be made in private family law cases has been now been  amended from two years to five years preceding the date of the application. The rules in relation to...
Georgina Stavrou
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Child Maintenance is the financial support towards a child’s everyday living costs. It’s considered one of the most important issues for separated parents. Many changes that have come into force over recent years, the most significant being that...
Georgina Stavrou
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Although it seems that the leaked Panama papers are causing a great headache for many politicians and high profile wealthy celebrities, there is increasing discussion amongst family practitioners that the publication of the leaked papers may also lead to...
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Christina’s Story Christina had spent the past three years since her separation from Mark juggling her successful career in banking with caring for their four year old little girl, Maisie. Mark chatted to Maisie on Skype from time to time and saw...
Posted in: , Freemans Blog
Alexie Bonavia
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I believe there is currently much debate in relation to a criminal court’s discretion when deciding upon the appropriate sentence for guilty offenders. For example, many have already suggested that the five individuals found guilty of the £14...
Georgina Stavrou
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In 2012 the Office of National Statistics revealed that cohabitation was the “fastest growing family type in the UK”. Despite its popularity, couples that choose to cohabit continue find themselves in a more vulnerable position to those that are...
Karim Maksoud
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Purchasing a property together is a significant event for any couple during their relationship. Despite its importance very few understand how property can be owned in this jurisdiction.             Ownership of property in...
Alexie Bonavia
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Dealing with the breakdown of a relationship can be a very difficult time but when there are children involved it becomes exceptionally harder and more emotional. Any child related issue requires a certain degree of flexibility and compromise between the...
Georgina Stavrou
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Separation and divorce is often a very difficult and emotional time for a family especially when children are involved. To assist parents think through and hopefully reach agreement on some if not all the issues impacting on their children parenting plans...
Ganesh Khatri
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The purchase of a property can be a stressful time for any family, and even more so when they are purchasing a property for the first time. The family home is likely to be the most valuable asset one will buy during the course of a lifetime, and...
Karim Maksoud
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On 1st October, Part 3 of the ironically-named Deregulation Act 2015 came into force, bringing with it a range of new rules and controls in relation to private lettings in England specifically. The new measures include an updated prescribed form of Section...
Georgina Stavrou
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Yesterday the Supreme Court handed down unanimous landmark decisions following the appeals of Alison Sharland and Varsha Gohil.   Sharland The Sharlands married in 1993 and separated in 2010. Mr Sharland had a substantial shareholding in a...
Georgina Stavrou
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“ If ever there were a paradigm example of a case which demonstrates the need for more certainty in the law of financial remedies and nuptial agreements, this is surely it ”. Those were the words of Judge Nicholas Cusworth at a recent financial...
Georgina Stavrou
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“It’s awful. Don’t you think it’s awful? It’s like a boxing match” . Those were words of Mr Justice Holman in the Family Division of the High Court last week, upon hearing the evidence in the Fields multi-million pound...
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Freemans Family Department  have launched an international family law clinic, which allows individuals to seek free information and guidance regarding issues of: international parental child abduction; international relocation of children; contact...
Posted in: , Freemans Blog
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Following hearing the case of CS v ACS & Anor [2015] EWHC 1005 (fam) the President of the Family division declared Paragraph 14.1 of Practice Direction 30A to be ultra vires, the reason being that the rule conflicts with Section 31F (6) of the...
Posted in: , Freemans Blog
Georgina Stavrou
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It is the unexpected divorce battle that has taken America and the investment world by storm. Ken Griffin, the 46 year old founder and Chief Executive of Citadel, one of the world’s most successful investment firms, surprised many last summer by...
Georgina Stavrou
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It is widely acknowledged that Britain has one of the highest divorce rates in Europe. It is also acknowledged that many of those divorces are acrimonious and extremely costly for the parties involved.  Imagine the shock and frustration when, having...
Mark Kosmin
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On 11 March 2015, the Supreme Court unanimously allowed the former wife's appeal in Wyatt v Vince [2015] UKSC 15 , enabling her to pursue her application for financial orders, which she had issued 19 years after she and her former husband had divorced....
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The article “ Nowadays not all law can be simple law; but the best law remains simple law”  by Christopher Hames QC and Dorothea Gartland of 4 Paper Buildings and Nina Hansen of Freemans on the team's landmark case of  Re M...
Posted in: , Freemans Blog
Karan Chadha
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The UK Supreme Court will today hear the appeal in Re S (A Child). The hearing will be streamed live from the Supreme Court website  here .  Karan Chadha  of Freemans family department,  Lance Ashworth QC of Serle Court and Cyrus...
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Lord Justice Ryder gave the lead judgment in S (A Child) (Abduction: Hearing the Child)  [2014] EWCA Civ 1557 a case concerning a decision to order the summary return of a 7 year old child to the Russian Federation under the Inherent Jurisdiction of...
Posted in: , Freemans Blog
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In  J and E (Children - Brussels II Revised - Article 15) [2014] EWFC 45 , HHJ Bellamy dealt with an application for a transfer of care proceedings to Hungary, 41 weeks in to those proceedings. The proceedings had already been delayed in...
Posted in: , Freemans Blog
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The case of AA v TT [2014] EWHC 3488 (Fam) concerned an application under the, now very rarely used, Luxembourg Convention. The application by the father who resides in Turkey was for recognition and enforcement of an order granting...
Posted in: , Freemans Blog
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An amendment to the Serious Crime Bill has been drafted which would, if incorporated, add ‘coercive control’ to the definition of domestic violence. The Serious Crime Bill, will, if passed, treat Domestic Violence as a serious crime. In the...
Posted in: , Freemans Blog
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The case of the London Borough of Ealing v AR & Ors [2014] EWHC 2172 (Fam) (1 July 2014) concerned care proceedings in respect of an 18 month old baby who had suffered an unexplained head trauma. In her Judgment, Mrs Justice Russell emphasised the...
Posted in: , Freemans Blog
Karan Chadha
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On 31 July 2014 the Children and Vulnerable Witnesses Working Group published their interim report. The working group was set up by the President of the Family Division, Sir James Munby, to review the existing Family Justice Council’s ‘...
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In the recent case of ZM v AM [2014] EWCH 2110 the applicant mother had been tricked by her husband, who was a British Citizen, into returning to Pakistan with no right to re-enter the country. The mother has been separated from her 9...
Posted in: , Freemans Blog
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The cuts to legal aid over the last 12 months have been substantial, the scope for cases for which legal aid is available is narrower, and the criteria to be satisfied in order to obtain legal aid more stringent. There was much commentary on the proposed...
Posted in: , Freemans Blog
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On 16 June 2014 it became a criminal offence to force another person to marry against their will, a crime punishable by up to seven years imprisonment. The views on whether the new legislation is likely to push this issue underground, or will bring the...
Posted in: , Freemans Blog
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Nina Hansen will be speaking about the impact of allegations of domestic violence on private law children’s proceedings at the White Paper Children’s Law Conference “ Children Law: Shaping New Law into Highly Developed Advice for Clients...
Posted in: , Freemans Blog
Mark Kosmin
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From today, all new applicants to the Child Maintenance Service will be charged a fee of £20 for making their application, unless they are able to demonstrate that they are a victim of domestic violence, are residents of Northern Ireland or are aged...
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The findings of the feasibility  study  led by Dr Karen Broadhurst of the University of Manchester into recurrent care proceedings, a research project funded by the Nuffield Foundation,  has received a great deal of media attention over the...
Posted in: , Freemans Blog
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In Re F (A Child) [2014] EWCA Civ 789 the court was concerned with an appeal against a finding by Coleridge J that a child was habitually resident in England and Wales at the date that the court became seised with care proceedings. Munby P, giving the...
Posted in: , Freemans Blog
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Freemans Solicitors are opening a High Court Branch office, just opposite the Royal Courts of Justice. The family department will now operate out of the High Court Branch as well as the offices in Bloomsbury, making us ideally placed to deal with urgent...
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